Criminal Justice Act 1982

3 E+W In section 71AA of the M1 Army Act 1955 and the M2 Air Force Act 1955 and in section 43AA of the M3 Naval Discipline Act 1957 (custodial orders)—

(a) in subsection (1)—

(i) For the words “instead of so punishing him" there shall be substituted the words “subject to subsection (1A) below"; and

(ii) for the words from “maximum" to the end there shall be substituted the words “period to be specified in the order not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years.";

(b) the following subsections shall be inserted after that subsection—

“(1A) The court shall not make a custodial order in respect of a person unless it is of the opinion that no other method of dealing with him is appropriate.

(1B) For the purposes of determining whether there is any appropriate method of dealing with a person other than making a custodial order in respect of him the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.”;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(d) the following subsection shall be inserted after that subsection—

“(6A) Section 15 of the Criminal Justice Act 1982 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.”.

Textual Amendments

F1 Sch. 8 paras. 3(c), 7(d) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 8 para. 16, Sch. 16

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.